One of the most difficult parts of a divorce is handling child custody. A common concern for many parents is whether the other parent can move with the children without consent. The answer depends on several factors, including the specifics of your custody arrangement and the laws in your state.
Custody and conservatorship in Texas
In Texas, courts refer to child custody as “conservatorship”. The court typically considers parents joint managing conservators, which means they share decision-making rights regarding their child’s upbringing. Yet, if one parent has been found unfit due to abuse, neglect, or other serious concerns, they may be granted limited rights, and the other parent may receive sole conservatorship.
If you and your ex share joint conservatorship, both of you must agree on significant decisions, including moving with the child. If your ex decides to relocate, they cannot do so without notifying you and getting approval from the court if necessary. The court will assess whether the move is in the child’s best interest, considering factors like the child’s relationship with both parents and the impact of the move on the child’s schooling and daily life.
What if my ex wants to move?
If your ex has primary custody or is the primary managing conservator, they may attempt to move with the children. Yet, they cannot do so without your consent or a court order. Texas law requires the court to approve any move more than one hundred miles away from the child’s current residence if it interferes with the other parent’s visitation rights. The court will assess whether the move benefits the child and whether the move will maintain the child’s relationship with both parents.
If your ex intends to move and you disagree with it, it is important to act quickly. You can file for a temporary restraining order to prevent the move while the court reviews the case.
If you are facing a situation where your ex wants to move with the children, it is wise to seek legal assistance. A family law attorney can help you understand your rights and the steps to take to protect your relationship with your children. Whether you are trying to block a move or establish clear guidelines for relocation, legal support can help you navigate the complexities of custody laws.